Subjects matter subsist in copyright

Section 13, of the copyright act 1957, in India. Works in which copyright shall subsists in the following classes of work. Subjects matter subsist in copyright

• Original literary.
• Dramatic.
• Musical and Artistic Works.
• Cinematograph films and sound recording.

The meaning of subsist in general term Continue in effect, जीवित रहना, प्रचलित रहना. In legal term, to exist, apply, or be relevant.

Original literary

Originality is required to qualify for copyright. What is originality? In case Feist Publications, Inc., v. Rural Telephone Service Co(1991). First time it meaning were interpreted by USA court.

Originality case, Feist Publications Inc v/s Rural Telephone Service Co.

In case Feist Publications Inc v/s Rural Telephone Service The Supreme court of USA interpreted Originality.

• Originally is required to qualify for copyright.
• Original as the word stand means minimal degree of creativity, where requisite level is extremely low.
• originality does not signified novelty. A work can be original also when it is similar to existing work. But it must not be result of copy.
• Doctrine Minimum modicum of creativity.

Eastern Book company v D.B. Modak 2008, originality

In this case Eastern Book company v D.B. Modak 2008, the Supreme court held that to establish copyright, creativity of standard is low. But some amount of creativity required.

Literary, Subjects matter subsist in copyright

In general the meaning of Literary is connected with written such as poem, story etc.

The term literary in legal term that sung, spoken or written but it not include the dramatic, music.

In copyright, it is (literary work) copyright work. Section 2(o) of copyright act, “literary work” includes computer programmes, tables and compilation including computer databases.

Tables here, by Example such, as our school timetable. It will only copyright when have Minimum modicum of creativity.

Compilation, Subjects matter subsist in copyright

Compilation is nothing but assembling, collecting pre- existing material source into a source. But it not affect the original author copyright in of individual before or after compilation. The copyright is of coordination and arrangement in compilation.

For example, A compile, make arrangements of various subject books into a single book, here copyright is on arrangement.

Cinematograph film and sound recording

Section 2(f) of the copyright act 1957, Cinematograph film means any work of visual recording.

It includes a sound recording accompanying such visual recording and cinematograph. It shall be construed as including any work produced by any process. Analogous to cinematograph including video films.

Meaning of accompanying is something that goes along with.

Analogous meaning is similar in some way, that you can compare.

Dramatic Work, Subjects matter subsist in copyright

Section 2(h) of copyright act, It states that, it includes any piece for recitation, choreographic work. Entertainment in dumbb show, the scenic arrangement or acting.

From of which is fixed in writing or otherwise but does not include a cinematograph films.

Recitation, Subjects matter subsist in copyright

Recitation, Meaning , an act of saying, aloud a piece of poetry or phrase.

Example, A has written a poem, and B is reciting it by it own expression. Here the copyright is on expression of the poem.

Scenic arrangement, copyright

In same way choreographic work, and scenic arrangement. Scenic arrangement means the one who arrange the Scene.

For example, into shooting , a man is there who arrange lighting, stage design, such as curtains, platforms, stairs, walls, backdrops, to meet the goal of actor.

Musical and Artistic Works, Subjects matter subsist in copyright

Section 2(p), states musical work means a work consisting of music. It include any graphical notation of such Work.

But does not include any words or any action intended to be sung, spoken or performed with music. Example of music work such as Alarm music etc.

Section 2(c) of copyright act, states Artistic work means, a painting, a sculpture, a drawing, an engraving or a photograph, whether or not any such Work possesses Artistic quality.

Work of architecture and any other work of Artistic craftsmanship.

Graphical notation, Subjects matter subsist in copyright

The music is written in a paper sheet just like the alphabets, स्वर व्यंजन. The music has also alphabets which arranged to form a music. It not intend to sung.

Example, In music performance stage we see that all instrument player have a certain paper. Which they are reading while playing, it is nothing but the graphical notation of music.

Copyright shall not apply

Section 13(3) of copyright act India, states that Copyright shall not subsists.-

• In any cinematograph films if a substantial part of the film is an infringement of the copyright in any other work.

Hypothetical Example, Chetan bhagat written an story and that story with permission, Prem Chopra made a film.

In this film, some part of written story expression made different is derivative work. Here copyright infringement shall not apply.

• Shall not subsists in any sound recording made in respect of a literary, dramatic or musical work.
• If in making the sound recording, copyright in such Work has been infringed.

The separate copyright in any work in respect of which film, or sound recording is made shall not effect.

Clause 5 of 13 sates that in the case of work of architecture, copyright shall apply only in Artistic character and design. It shall not extend to processes or methods construction.